| 51 | | - | amending s. 376.79, F.S.; revising and providing 26 |
|---|
| 52 | | - | definitions; amending s. 376. 81, F.S.; providing 27 |
|---|
| 53 | | - | legislative findings; prohibiting the department or a 28 |
|---|
| 54 | | - | delegated local pollution control program from denying 29 |
|---|
| 55 | | - | a specified status or refusing to issue a specified 30 |
|---|
| 56 | | - | order for certain brownfield sites that are only a 31 |
|---|
| 57 | | - | portion of larger contam inated sites; providing 32 |
|---|
| 58 | | - | applicability; amending s. 376.82, F.S.; revising the 33 |
|---|
| 59 | | - | persons and sites eligible for participation in the 34 |
|---|
| 60 | | - | brownfield program; revising requirements for such 35 |
|---|
| 61 | | - | participation; requiring that completion of the 36 |
|---|
| 62 | | - | performance of remediation obligations at the 37 |
|---|
| 63 | | - | brownfield site be evidenced by a site rehabilitation 38 |
|---|
| 64 | | - | completion order; revising the information necessary 39 |
|---|
| 65 | | - | from the United States Environmental Protection Agency 40 |
|---|
| 66 | | - | and the department for a person's participation in the 41 |
|---|
| 67 | | - | program; specifying that certain brownfield sites are 42 |
|---|
| 68 | | - | eligible to participate in the brownfield program 43 |
|---|
| 69 | | - | under certain circumstances; amending ss. 196.1995 and 44 |
|---|
| 70 | | - | 288.1175, F.S.; conforming cross -references; 45 |
|---|
| 71 | | - | reenacting s. 1004.53(1), F.S., relating to the Center 46 |
|---|
| 72 | | - | for Brownfield Rehabilitation Assistance, to 47 |
|---|
| 73 | | - | incorporate the amendment made to s. 376.79, F.S., in 48 |
|---|
| 74 | | - | a reference thereto; providing an effective date. 49 |
|---|
| 75 | | - | 50 |
|---|
| 51 | + | certain persons be identified before negoti ating a 26 |
|---|
| 52 | + | brownfield site rehabilitation agreement; amending s. 27 |
|---|
| 53 | + | 376.81, F.S.; providing legislative findings; 28 |
|---|
| 54 | + | prohibiting the department or a delegated local 29 |
|---|
| 55 | + | pollution control program from denying a specified 30 |
|---|
| 56 | + | status or refusing to issue a specified order for 31 |
|---|
| 57 | + | certain brownfield sites that are only a portion of 32 |
|---|
| 58 | + | larger contaminated sites; providing applicability; 33 |
|---|
| 59 | + | amending s. 376.82, F.S.; revising the persons and 34 |
|---|
| 60 | + | sites eligible for participation in the brownfield 35 |
|---|
| 61 | + | program; revising requirements for such participa tion; 36 |
|---|
| 62 | + | revising the information necessary from the United 37 |
|---|
| 63 | + | States Environmental Protection Agency and the 38 |
|---|
| 64 | + | department for a person's participation in the 39 |
|---|
| 65 | + | program; amending ss. 196.1995 and 288.1175, F.S.; 40 |
|---|
| 66 | + | conforming cross-references; reenacting s. 1004.53(1), 41 |
|---|
| 67 | + | F.S., relating to the Center for Brownfield 42 |
|---|
| 68 | + | Rehabilitation Assistance, to incorporate the 43 |
|---|
| 69 | + | amendment made to s. 376.79, F.S., in a reference 44 |
|---|
| 70 | + | thereto; providing an effective date. 45 |
|---|
| 71 | + | 46 |
|---|
| 72 | + | Be It Enacted by the Legislature of the State of Florida: 47 |
|---|
| 73 | + | 48 |
|---|
| 74 | + | Section 1. Subsections (5) and (6) of section 376.303, 49 |
|---|
| 75 | + | Florida Statutes, are amended to read: 50 |
|---|
| 88 | | - | Be It Enacted by the Legislature of the State of Florida: 51 |
|---|
| 89 | | - | 52 |
|---|
| 90 | | - | Section 1. Subsections (5) and (6) of section 376.303, 53 |
|---|
| 91 | | - | Florida Statutes, are amended to read: 54 |
|---|
| 92 | | - | 376.303 Powers and duties of the Department of 55 |
|---|
| 93 | | - | Environmental Protection. — 56 |
|---|
| 94 | | - | (5) MAPPING.—If an institutional control is implemented at 57 |
|---|
| 95 | | - | any contaminated site in a brownfield area designated pursuant 58 |
|---|
| 96 | | - | to s. 376.80, the property owner must provide information 59 |
|---|
| 97 | | - | regarding the institutional control to the local government for 60 |
|---|
| 98 | | - | mapping purposes. The local government must then note the 61 |
|---|
| 99 | | - | existence of the institutional control on any relevant local 62 |
|---|
| 100 | | - | land use and zoning maps with a c ross-reference to the 63 |
|---|
| 101 | | - | department's site registry developed pursuant to subsection (6). 64 |
|---|
| 102 | | - | If the type of institutional control used requires recording 65 |
|---|
| 103 | | - | with the local government, then the map notation shall also 66 |
|---|
| 104 | | - | provide a cross-reference to the book and page n umber where 67 |
|---|
| 105 | | - | recorded. When a local government is provided with evidence that 68 |
|---|
| 106 | | - | the department has subsequently issued a no further action order 69 |
|---|
| 107 | | - | without institutional controls for a site currently noted on 70 |
|---|
| 108 | | - | such maps, the local government shall remove the nota tion. 71 |
|---|
| 109 | | - | (6) REGISTRY.—The department shall prepare and maintain a 72 |
|---|
| 110 | | - | registry of all contaminated sites located in a brownfield area 73 |
|---|
| 111 | | - | designated pursuant to s. 376.80, which are subject to 74 |
|---|
| 112 | | - | institutional and engineering controls, in order to provide a 75 |
|---|
| 88 | + | 376.303 Powers and duties of the Department of 51 |
|---|
| 89 | + | Environmental Protection. — 52 |
|---|
| 90 | + | (5) MAPPING.—If an institutional control is implemented at 53 |
|---|
| 91 | + | any contaminated site in a brownfi eld area designated pursuant 54 |
|---|
| 92 | + | to s. 376.80, the property owner must provide information 55 |
|---|
| 93 | + | regarding the institutional control to the local government for 56 |
|---|
| 94 | + | mapping purposes. The local government must then note the 57 |
|---|
| 95 | + | existence of the institutional control on any r elevant local 58 |
|---|
| 96 | + | land use and zoning maps with a cross -reference to the 59 |
|---|
| 97 | + | department's site registry developed pursuant to subsection (6). 60 |
|---|
| 98 | + | If the type of institutional control used requires recording 61 |
|---|
| 99 | + | with the local government, then the map notation shall also 62 |
|---|
| 100 | + | provide a cross-reference to the book and page number where 63 |
|---|
| 101 | + | recorded. When a local government is provided with evidence that 64 |
|---|
| 102 | + | the department has subsequently issued a no further action order 65 |
|---|
| 103 | + | without institutional controls for a site currently noted on 66 |
|---|
| 104 | + | such maps, the local government shall remove the notation. 67 |
|---|
| 105 | + | (5)(6) REGISTRY.—The department shall prepare and maintain 68 |
|---|
| 106 | + | a registry of all contaminated sites located in a brownfield 69 |
|---|
| 107 | + | area designated pursuant to s. 376.80, which are subject to 70 |
|---|
| 108 | + | institutional and eng ineering controls, in order to provide a 71 |
|---|
| 109 | + | mechanism for the public and local governments to monitor the 72 |
|---|
| 110 | + | status of these controls, monitor the department's short -term 73 |
|---|
| 111 | + | and long-term protection of human health and the environment in 74 |
|---|
| 112 | + | relation to these sites, an d evaluate economic revitalization 75 |
|---|
| 125 | | - | mechanism for the public and local governments to monitor the 76 |
|---|
| 126 | | - | status of these controls, monitor the department's short -term 77 |
|---|
| 127 | | - | and long-term protection of human health and the environment in 78 |
|---|
| 128 | | - | relation to these sites, and evaluate economic revitalization 79 |
|---|
| 129 | | - | efforts in these areas. At a minimum, the registry must shall 80 |
|---|
| 130 | | - | include the type of institutional or engineering controls 81 |
|---|
| 131 | | - | employed at a particular site, types of contaminants and 82 |
|---|
| 132 | | - | affected media, land use limitations, and the county in which 83 |
|---|
| 133 | | - | the site is located. Sites liste d on the registry at which the 84 |
|---|
| 134 | | - | department has subsequently issued a site rehabilitation 85 |
|---|
| 135 | | - | completion no further action order without institutional 86 |
|---|
| 136 | | - | controls must shall be removed from the registry. The department 87 |
|---|
| 137 | | - | shall make the registry available to the publi c and local 88 |
|---|
| 138 | | - | governments within 1 year after the effective date of this act. 89 |
|---|
| 139 | | - | The department shall provide local governments with actual 90 |
|---|
| 140 | | - | notice when the registry becomes available. Local zoning and 91 |
|---|
| 141 | | - | planning offices shall post information on how to access the 92 |
|---|
| 142 | | - | registry in public view. 93 |
|---|
| 143 | | - | Section 2. Paragraphs (c), (d), and (e) of subsection (3) 94 |
|---|
| 144 | | - | and subsection (9) of section 376.30781, Florida Statutes, are 95 |
|---|
| 145 | | - | amended to read: 96 |
|---|
| 146 | | - | 376.30781 Tax credits for rehabilitation of drycleaning -97 |
|---|
| 147 | | - | solvent-contaminated sites and brownfield sites in designated 98 |
|---|
| 148 | | - | brownfield areas; application process; rulemaking authority; 99 |
|---|
| 149 | | - | revocation authority. — 100 |
|---|
| 125 | + | efforts in these areas. At a minimum, the registry shall include 76 |
|---|
| 126 | + | the type of institutional or engineering controls employed at a 77 |
|---|
| 127 | + | particular site, types of contaminants and affected media, land 78 |
|---|
| 128 | + | use limitations, and the cou nty in which the site is located. 79 |
|---|
| 129 | + | Sites listed on the registry at which the department has 80 |
|---|
| 130 | + | subsequently issued a site rehabilitation completion no further 81 |
|---|
| 131 | + | action order without institutional controls shall be removed 82 |
|---|
| 132 | + | from the registry. The department shall make the registry 83 |
|---|
| 133 | + | available to the public and local governments within 1 year 84 |
|---|
| 134 | + | after the effective date of this act. The department shall 85 |
|---|
| 135 | + | provide local governments with actual notice when the registry 86 |
|---|
| 136 | + | becomes available. Local zoning and planning offices sha ll post 87 |
|---|
| 137 | + | information on how to access the registry in public view. 88 |
|---|
| 138 | + | Section 2. Paragraphs (c), (d), and (e) of subsection (3) 89 |
|---|
| 139 | + | and subsection (9) of section 376.30781, Florida Statutes, are 90 |
|---|
| 140 | + | amended to read: 91 |
|---|
| 141 | + | 376.30781 Tax credits for rehabilitation of dr ycleaning-92 |
|---|
| 142 | + | solvent-contaminated sites and brownfield sites in designated 93 |
|---|
| 143 | + | brownfield areas; application process; rulemaking authority; 94 |
|---|
| 144 | + | revocation authority. — 95 |
|---|
| 145 | + | (3) 96 |
|---|
| 146 | + | (c) In order to encourage completion of site 97 |
|---|
| 147 | + | rehabilitation at contaminated sites that are be ing voluntarily 98 |
|---|
| 148 | + | cleaned up and that are eligible for a tax credit under this 99 |
|---|
| 149 | + | section, the tax credit applicant may claim an additional 25 100 |
|---|
| 162 | | - | (3) 101 |
|---|
| 163 | | - | (c) In order to encourage completion of site 102 |
|---|
| 164 | | - | rehabilitation at contaminated sites that are being voluntarily 103 |
|---|
| 165 | | - | cleaned up and that are eligible for a tax credit under this 104 |
|---|
| 166 | | - | section, the tax credit applicant may claim an additional 25 105 |
|---|
| 167 | | - | percent of the total site rehabilitation costs, not to exceed 106 |
|---|
| 168 | | - | $500,000, if the Department of Environmental Protection has 107 |
|---|
| 169 | | - | approved the applicant's annual site rehabilitation application 108 |
|---|
| 170 | | - | and has issued a site rehabilitation completion in the final 109 |
|---|
| 171 | | - | year of cleanup as evidenced by the Department of Environmental 110 |
|---|
| 172 | | - | Protection issuing a "No Further Action" order for that site. 111 |
|---|
| 173 | | - | The tax credit applicant must submit the claim for the 112 |
|---|
| 174 | | - | additional 25 percent within 2 years after receipt of the site 113 |
|---|
| 175 | | - | rehabilitation completion order for that site. 114 |
|---|
| 176 | | - | (d) In order to encourage the construction of housing that 115 |
|---|
| 177 | | - | meets the definition of affordable provided in s. 420.0004, an 116 |
|---|
| 178 | | - | applicant for the tax credit may claim an additional 25 percent 117 |
|---|
| 179 | | - | of the total site rehabilitation costs that are eligible for tax 118 |
|---|
| 180 | | - | credits under this section, not to exceed $500,000. To receive 119 |
|---|
| 181 | | - | this additional tax credit, the applicant must provide a 120 |
|---|
| 182 | | - | certification letter from the Florida Housing Finance 121 |
|---|
| 183 | | - | Corporation, the local housing authority, or other governmental 122 |
|---|
| 184 | | - | agency that is a party to the use agreement indicating that the 123 |
|---|
| 185 | | - | construction on the brownfield site has received a certificate 124 |
|---|
| 186 | | - | of occupancy and the brown field site has a properly recorded 125 |
|---|
| 162 | + | percent of the total site rehabilitation costs, not to exceed 101 |
|---|
| 163 | + | $500,000, if the Department of Environmental Protection has 102 |
|---|
| 164 | + | approved the applicant's annual site rehabilitation application 103 |
|---|
| 165 | + | and has issued in the final year of cleanup as evidenced by the 104 |
|---|
| 166 | + | Department of Environmental Protection issuing a site 105 |
|---|
| 167 | + | rehabilitation completion "No Further Action" order for that 106 |
|---|
| 168 | + | site. The tax credit applicant must submit the claim for the 107 |
|---|
| 169 | + | additional 25 percent within 2 years after receipt of the "No 108 |
|---|
| 170 | + | Further Action" order for that site. 109 |
|---|
| 171 | + | (d) In order to encourage the construction of housing that 110 |
|---|
| 172 | + | meets the definition of affordable provided in s. 420.0004, an 111 |
|---|
| 173 | + | applicant for the tax credit may claim an additional 25 percent 112 |
|---|
| 174 | + | of the total site rehabilitation costs that are eligible for tax 113 |
|---|
| 175 | + | credits under this section, not to exceed $500,000. To receive 114 |
|---|
| 176 | + | this additional tax credit, the applicant mus t provide a 115 |
|---|
| 177 | + | certification letter from the Florida Housing Finance 116 |
|---|
| 178 | + | Corporation, the local housing authority, or other governmental 117 |
|---|
| 179 | + | agency that is a party to the use agreement indicating that the 118 |
|---|
| 180 | + | construction on the brownfield site has received a certificate 119 |
|---|
| 181 | + | of occupancy and the brownfield site has a properly recorded 120 |
|---|
| 182 | + | instrument that limits the use of the property to housing. 121 |
|---|
| 183 | + | Notwithstanding that only one application may be submitted each 122 |
|---|
| 184 | + | year for each site, an application for the additional credit 123 |
|---|
| 185 | + | provided for in this paragraph must shall be submitted after all 124 |
|---|
| 186 | + | requirements to obtain the additional tax credit have been met. 125 |
|---|
| 199 | | - | instrument that limits the use of the property to housing. 126 |
|---|
| 200 | | - | Notwithstanding that only one application may be submitted each 127 |
|---|
| 201 | | - | year for each site, an application for the additional credit 128 |
|---|
| 202 | | - | provided for in this paragraph must shall be submitted after all 129 |
|---|
| 203 | | - | requirements to obtain the additional tax credit have been met. 130 |
|---|
| 204 | | - | (e) In order to encourage the redevelopment of a 131 |
|---|
| 205 | | - | brownfield site, as defined in the brownfield site 132 |
|---|
| 206 | | - | rehabilitation agreement, that is hindered by the presence of 133 |
|---|
| 207 | | - | solid waste, as defined in s. 403.703, costs related to solid 134 |
|---|
| 208 | | - | waste removal may also be claimed under this section. A tax 135 |
|---|
| 209 | | - | credit applicant, or multiple tax credit applicants working 136 |
|---|
| 210 | | - | jointly to clean up a single brownfield site, may also claim 137 |
|---|
| 211 | | - | costs to address the solid waste removal as defined in this 138 |
|---|
| 212 | | - | paragraph in accordance with department rules. Multiple tax 139 |
|---|
| 213 | | - | credit applicants shall be granted tax credits in the same 140 |
|---|
| 214 | | - | proportion as each applicant's contribution to payment of solid 141 |
|---|
| 215 | | - | waste removal costs. These costs are eligible for a tax credit 142 |
|---|
| 216 | | - | provided that the applicant meets the eligibility requirements 143 |
|---|
| 217 | | - | of s. 376.82(1) and that submits an affidavit stating that, 144 |
|---|
| 218 | | - | after consultation with appropriate local government officials 145 |
|---|
| 219 | | - | and the department, to the best o f the applicant's knowledge 146 |
|---|
| 220 | | - | based upon such consultation and available historical records, 147 |
|---|
| 221 | | - | the brownfield site was never operated as a permitted solid 148 |
|---|
| 222 | | - | waste disposal area as regulated pursuant to s. 403.704 or was 149 |
|---|
| 223 | | - | never operated for monetary compensation, and the applicant 150 |
|---|
| 199 | + | (e) In order to encourage the redevelopment of a 126 |
|---|
| 200 | + | brownfield site, as defined in the brownfield site 127 |
|---|
| 201 | + | rehabilitation agreement, that is h indered by the presence of 128 |
|---|
| 202 | + | solid waste, as defined in s. 403.703, costs related to solid 129 |
|---|
| 203 | + | waste removal may also be claimed under this section. A tax 130 |
|---|
| 204 | + | credit applicant, or multiple tax credit applicants working 131 |
|---|
| 205 | + | jointly to clean up a single brownfield site, m ay also claim 132 |
|---|
| 206 | + | costs to address the solid waste removal as defined in this 133 |
|---|
| 207 | + | paragraph in accordance with department rules. Multiple tax 134 |
|---|
| 208 | + | credit applicants shall be granted tax credits in the same 135 |
|---|
| 209 | + | proportion as each applicant's contribution to payment of solid 136 |
|---|
| 210 | + | waste removal costs. These costs are eligible for a tax credit 137 |
|---|
| 211 | + | provided that the applicant meets the eligibility requirements 138 |
|---|
| 212 | + | of s. 376.82(1) and that submits an affidavit stating that, 139 |
|---|
| 213 | + | after consultation with appropriate local government officials 140 |
|---|
| 214 | + | and the department, to the best of the applicant's knowledge 141 |
|---|
| 215 | + | based upon such consultation and available historical records, 142 |
|---|
| 216 | + | the brownfield site was never operated as a permitted solid 143 |
|---|
| 217 | + | waste disposal area as defined by rules adopted pursuant to s. 144 |
|---|
| 218 | + | 403.704 or was never operated for monetary compensation, and the 145 |
|---|
| 219 | + | applicant submits all other documentation and certifications 146 |
|---|
| 220 | + | required by this section . In this section, where reference is 147 |
|---|
| 221 | + | made to "site rehabilitation," the department shall instead 148 |
|---|
| 222 | + | consider whether the co sts claimed are for solid waste removal. 149 |
|---|
| 223 | + | Tax credit applications claiming costs pursuant to this 150 |
|---|
| 236 | | - | submits all other documentation and certifications required by 151 |
|---|
| 237 | | - | this section. In this section, where reference is made to "site 152 |
|---|
| 238 | | - | rehabilitation," the department shall instead consider whether 153 |
|---|
| 239 | | - | the costs claimed are for solid waste removal. T ax credit 154 |
|---|
| 240 | | - | applications claiming costs pursuant to this paragraph are shall 155 |
|---|
| 241 | | - | not be subject to the calendar -year limitation and January 31 156 |
|---|
| 242 | | - | annual application deadline, and the department shall accept a 157 |
|---|
| 243 | | - | one-time application filed subsequent to the completion by the 158 |
|---|
| 244 | | - | tax credit applicant of the applicable requirements listed in 159 |
|---|
| 245 | | - | this subsection. A tax credit applicant may claim 50 percent of 160 |
|---|
| 246 | | - | the costs for solid waste removal, not to exceed $500,000, after 161 |
|---|
| 247 | | - | the applicant has determined solid waste removal is comple ted 162 |
|---|
| 248 | | - | for the brownfield site. A solid waste removal tax credit 163 |
|---|
| 249 | | - | application may be filed only once per brownfield site. For the 164 |
|---|
| 250 | | - | purposes of this section, the term: 165 |
|---|
| 251 | | - | 1. "Solid waste disposal area" means a landfill, dump, or 166 |
|---|
| 252 | | - | other area where solid waste has been disposed. 167 |
|---|
| 253 | | - | 2. "Monetary compensation" means the fees that were 168 |
|---|
| 254 | | - | charged or the assessments that were levied for the disposal of 169 |
|---|
| 255 | | - | solid waste at a solid waste disposal area. 170 |
|---|
| 256 | | - | 3. "Solid waste removal" means removal of solid waste from 171 |
|---|
| 257 | | - | the land surface or excavation of solid waste from below the 172 |
|---|
| 258 | | - | land surface and removal of the solid waste from the brownfield 173 |
|---|
| 259 | | - | site. The term also includes: 174 |
|---|
| 260 | | - | a. Transportation of solid waste to a lic ensed or exempt 175 |
|---|
| 236 | + | paragraph are shall not be subject to the calendar -year 151 |
|---|
| 237 | + | limitation and January 31 annual application deadline, and the 152 |
|---|
| 238 | + | department shall accept a one -time application filed subsequent 153 |
|---|
| 239 | + | to the completion by the tax credit applicant of the applicable 154 |
|---|
| 240 | + | requirements listed in this subsection. A tax credit applicant 155 |
|---|
| 241 | + | may claim 50 percent of the costs for solid waste removal, not 156 |
|---|
| 242 | + | to exceed $500,000, after the applicant ha s determined solid 157 |
|---|
| 243 | + | waste removal is completed for the brownfield site. A solid 158 |
|---|
| 244 | + | waste removal tax credit application may be filed only once per 159 |
|---|
| 245 | + | brownfield site. For the purposes of this section, the term: 160 |
|---|
| 246 | + | 1. "Solid waste disposal area" means a landfill, d ump, or 161 |
|---|
| 247 | + | other area where solid waste has been disposed. 162 |
|---|
| 248 | + | 2. "Monetary compensation" means the fees that were 163 |
|---|
| 249 | + | charged or the assessments that were levied for the disposal of 164 |
|---|
| 250 | + | solid waste at a solid waste disposal area. 165 |
|---|
| 251 | + | 3. "Solid waste removal" means removal of solid waste from 166 |
|---|
| 252 | + | the land surface or excavation of solid waste from below the 167 |
|---|
| 253 | + | land surface and removal of the solid waste from the brownfield 168 |
|---|
| 254 | + | site. The term also includes: 169 |
|---|
| 255 | + | a. Transportation of solid waste to a lic ensed or exempt 170 |
|---|
| 256 | + | solid waste management facility or to a temporary storage area. 171 |
|---|
| 257 | + | b. Sorting or screening of solid waste prior to removal 172 |
|---|
| 258 | + | from the site. 173 |
|---|
| 259 | + | c. Deposition of solid waste at a permitted or exempt 174 |
|---|
| 260 | + | solid waste management facility, whether the so lid waste is 175 |
|---|
| 273 | | - | solid waste management facility or to a temporary storage area. 176 |
|---|
| 274 | | - | b. Sorting or screening of solid waste prior to removal 177 |
|---|
| 275 | | - | from the site. 178 |
|---|
| 276 | | - | c. Deposition of solid waste at a permitted or exempt 179 |
|---|
| 277 | | - | solid waste management facility, whether the so lid waste is 180 |
|---|
| 278 | | - | disposed of or recycled. 181 |
|---|
| 279 | | - | (9) On or before June May 1, the Department of 182 |
|---|
| 280 | | - | Environmental Protection shall inform each tax credit applicant 183 |
|---|
| 281 | | - | that is subject to the January 31 annual application deadline of 184 |
|---|
| 282 | | - | the applicant's eligibility status and t he amount of any tax 185 |
|---|
| 283 | | - | credit due. The department shall provide each eligible tax 186 |
|---|
| 284 | | - | credit applicant with a tax credit certificate that must be 187 |
|---|
| 285 | | - | submitted with its tax return to the Department of Revenue to 188 |
|---|
| 286 | | - | claim the tax credit or be transferred pursuant to s. 189 |
|---|
| 287 | | - | 220.1845(2)(g). The June May 1 deadline for annual site 190 |
|---|
| 288 | | - | rehabilitation tax credit certificate awards does shall not 191 |
|---|
| 289 | | - | apply to any tax credit application for which the department has 192 |
|---|
| 290 | | - | issued a notice of deficiency pursuant to subsection (8). The 193 |
|---|
| 291 | | - | department shall respond within 120 90 days after receiving a 194 |
|---|
| 292 | | - | response from the tax credit applicant to such a notice of 195 |
|---|
| 293 | | - | deficiency. Credits may not result in the payment of refunds if 196 |
|---|
| 294 | | - | total credits exceed the amount of tax owed. 197 |
|---|
| 295 | | - | Section 3. Subsection (1) of sectio n 376.78, Florida 198 |
|---|
| 296 | | - | Statutes, is amended to read: 199 |
|---|
| 297 | | - | 376.78 Legislative intent. —The Legislature finds and 200 |
|---|
| 273 | + | disposed of or recycled. 176 |
|---|
| 274 | + | (9) On or before June May 1, the Department of 177 |
|---|
| 275 | + | Environmental Protection shall inform each tax credit applicant 178 |
|---|
| 276 | + | that is subject to the January 31 annual application deadline of 179 |
|---|
| 277 | + | the applicant's eligibility status and t he amount of any tax 180 |
|---|
| 278 | + | credit due. The department shall provide each eligible tax 181 |
|---|
| 279 | + | credit applicant with a tax credit certificate that must be 182 |
|---|
| 280 | + | submitted with its tax return to the Department of Revenue to 183 |
|---|
| 281 | + | claim the tax credit or be transferred pursuant to s. 184 |
|---|
| 282 | + | 220.1845(2)(g). The June May 1 deadline for annual site 185 |
|---|
| 283 | + | rehabilitation tax credit certificate awards does shall not 186 |
|---|
| 284 | + | apply to any tax credit application for which the department has 187 |
|---|
| 285 | + | issued a notice of deficiency pursuant to subsection (8). The 188 |
|---|
| 286 | + | department shall respond within 120 90 days after receiving a 189 |
|---|
| 287 | + | response from the tax credit applicant to such a notice of 190 |
|---|
| 288 | + | deficiency. Credits may not result in the payment of refunds if 191 |
|---|
| 289 | + | total credits exceed the amount of tax owed. 192 |
|---|
| 290 | + | Section 3. Subsection (1) of section 376.78, Florida 193 |
|---|
| 291 | + | Statutes, is amended to read: 194 |
|---|
| 292 | + | 376.78 Legislative intent. —The Legislature finds and 195 |
|---|
| 293 | + | declares the following: 196 |
|---|
| 294 | + | (1) The reduction of public health and environmental 197 |
|---|
| 295 | + | hazards on existing commercial and industrial sites proposed to 198 |
|---|
| 296 | + | be rehabilitated and redeveloped is vital to their use and reuse 199 |
|---|
| 297 | + | as sources of employment, housing, recreation, and open space 200 |
|---|
| 310 | | - | declares the following: 201 |
|---|
| 311 | | - | (1) The reduction of public health and environmental 202 |
|---|
| 312 | | - | hazards on existing commercial and industrial sites proposed to 203 |
|---|
| 313 | | - | be rehabilitated and redeveloped is vital to their use and reuse 204 |
|---|
| 314 | | - | as sources of employment, housing, recreation, and open space 205 |
|---|
| 315 | | - | areas. The reuse of such sites industrial land is an important 206 |
|---|
| 316 | | - | component of sound land use policy for productive urban purposes 207 |
|---|
| 317 | | - | which will help prevent the premature development of farmland, 208 |
|---|
| 318 | | - | open space areas, and natural areas, and reduce public costs for 209 |
|---|
| 319 | | - | installing new water, sewer, and highway infrastructure. 210 |
|---|
| 320 | | - | Section 4. Present subsections (6) through (21) of section 211 |
|---|
| 321 | | - | 376.79, Florida Statutes, are redesignated as subsections (7) 212 |
|---|
| 322 | | - | through (22), respectively, a new subsection (6) is added to 213 |
|---|
| 323 | | - | that section, and subsections (4) and (5) of that section are 214 |
|---|
| 324 | | - | amended, to read: 215 |
|---|
| 325 | | - | 376.79 Definitions relating to Brownfields Redevelopment 216 |
|---|
| 326 | | - | Act.—As used in ss. 376.77-376.85, the term: 217 |
|---|
| 327 | | - | (4) "Brownfield sites" means any real property, the 218 |
|---|
| 328 | | - | expansion, redevelopment, or reuse of which may be complicated 219 |
|---|
| 329 | | - | by actual or perceived environmental contamination and which has 220 |
|---|
| 330 | | - | not yet been entered into a brownfield sit e rehabilitation 221 |
|---|
| 331 | | - | agreement pursuant to s. 376.80(5) . 222 |
|---|
| 332 | | - | (5) "Brownfield area" means a contiguous area of one or 223 |
|---|
| 333 | | - | more brownfields brownfield sites, some of which may not be 224 |
|---|
| 334 | | - | contaminated, and which has been designated by a local 225 |
|---|
| 310 | + | areas. The reuse of such sites industrial land is an important 201 |
|---|
| 311 | + | component of sound land use policy for productive urban purposes 202 |
|---|
| 312 | + | which will help prevent the premature development of farmland, 203 |
|---|
| 313 | + | open space areas, and natural areas, and reduce public costs for 204 |
|---|
| 314 | + | installing new water, sewer, and highway infrastructure. 205 |
|---|
| 315 | + | Section 4. Present subsections (6) through (21) of section 206 |
|---|
| 316 | + | 376.79, Florida Statutes, are redesignated as subsections (7) 207 |
|---|
| 317 | + | through (22), respectively, a new subsection (6) is added to 208 |
|---|
| 318 | + | that section, and subsections (4) and (5) of that section are 209 |
|---|
| 319 | + | amended, to read: 210 |
|---|
| 320 | + | 376.79 Definitions relating to Brownfields Redevelopment 211 |
|---|
| 321 | + | Act.—As used in ss. 376.77-376.85, the term: 212 |
|---|
| 322 | + | (4) "Brownfield sites" means any real property, the 213 |
|---|
| 323 | + | expansion, redevelopment, or reuse of which may be complicated 214 |
|---|
| 324 | + | by actual or perceived environmental contamination and which has 215 |
|---|
| 325 | + | not yet been entered into a brownfie ld site rehabilitation 216 |
|---|
| 326 | + | agreement pursuant to s. 376.80(5) . 217 |
|---|
| 327 | + | (5) "Brownfield area" means a contiguous area of one or 218 |
|---|
| 328 | + | more brownfields brownfield sites, some of which may not be 219 |
|---|
| 329 | + | contaminated, and which has been designated by a local 220 |
|---|
| 330 | + | government by resolution . Such areas may include all or portions 221 |
|---|
| 331 | + | of community redevelopment areas, enterprise zones, empowerment 222 |
|---|
| 332 | + | zones, other such designated economically deprived communities 223 |
|---|
| 333 | + | and areas, and United States Environmental Protection Agency -224 |
|---|
| 334 | + | designated brownfield pilot projects. 225 |
|---|
| 347 | | - | government by resolution. Such areas may include all or portions 226 |
|---|
| 348 | | - | of community redevelopment areas, enterprise zones, empowerment 227 |
|---|
| 349 | | - | zones, other such designated economically deprived communities 228 |
|---|
| 350 | | - | and areas, and United States Environmental Protection Agency -229 |
|---|
| 351 | | - | designated brownfield pilot proje cts. 230 |
|---|
| 352 | | - | (6) "Brownfield site" means the real property identified 231 |
|---|
| 353 | | - | in a brownfield site rehabilitation agreement executed by the 232 |
|---|
| 354 | | - | person responsible for brownfield site rehabilitation of the 233 |
|---|
| 355 | | - | property and the department or a delegated local pollution 234 |
|---|
| 356 | | - | control program, as applicable. 235 |
|---|
| 357 | | - | Section 5. Present subsection (3) of section 376.81, 236 |
|---|
| 358 | | - | Florida Statutes, is redesignated as subsection (4), a new 237 |
|---|
| 359 | | - | subsection (3) is added to that section, and present subsection 238 |
|---|
| 360 | | - | (3) of that section is amended, to read: 239 |
|---|
| 361 | | - | 376.81 Brownfield site and brownfield areas contamination 240 |
|---|
| 362 | | - | cleanup criteria.— 241 |
|---|
| 363 | | - | (3)(a) The Legislature finds that rehabilitation and 242 |
|---|
| 364 | | - | redevelopment of a potential brownfield site that is a portion 243 |
|---|
| 365 | | - | of a larger contaminated site are significantly complicated when 244 |
|---|
| 366 | | - | multiple parties may own, lease, or operate different portions 245 |
|---|
| 367 | | - | of the contaminated site. The Legislature further finds that 246 |
|---|
| 368 | | - | delaying a person's ability to achieve a "No Further Action" 247 |
|---|
| 369 | | - | status for a potential brownfield site until such time as the 248 |
|---|
| 370 | | - | owners, lessees, or operators of all other portions of the 249 |
|---|
| 371 | | - | larger historical contaminated site have completed site 250 |
|---|
| 347 | + | (6) "Brownfield site" means the real property identified 226 |
|---|
| 348 | + | in a brownfield site rehabilitation agreement executed by the 227 |
|---|
| 349 | + | person responsible for brownfield site rehabilitation of the 228 |
|---|
| 350 | + | property and the department or a delegated local pollution 229 |
|---|
| 351 | + | control program, as applicable. 230 |
|---|
| 352 | + | Section 5. Subsections (1) and (2) of section 376.80, 231 |
|---|
| 353 | + | Florida Statutes, are amended to read: 232 |
|---|
| 354 | + | 376.80 Brownfield program administration process. — 233 |
|---|
| 355 | + | (1) The following general procedures apply to brownfield 234 |
|---|
| 356 | + | designations: 235 |
|---|
| 357 | + | (a) The local government with jurisdiction over a proposed 236 |
|---|
| 358 | + | brownfield area shall designate such area pursuant to this 237 |
|---|
| 359 | + | section. 238 |
|---|
| 360 | + | (b) For a brownfield area designation proposed by: 239 |
|---|
| 361 | + | 1. The jurisdictional local government, the designation 240 |
|---|
| 362 | + | criteria under paragr aph (2)(a) apply, except if the local 241 |
|---|
| 363 | + | government proposes to designate as a brownfield area a 242 |
|---|
| 364 | + | specified redevelopment area as provided in paragraph (2)(b). 243 |
|---|
| 365 | + | 2. Any person, other than a governmental entity, 244 |
|---|
| 366 | + | including, but not limited to, individuals, corpo rations, 245 |
|---|
| 367 | + | partnerships, trusts, limited liability companies, community -246 |
|---|
| 368 | + | based organizations, or not -for-profit corporations, the 247 |
|---|
| 369 | + | designation criteria under paragraph (2)(c) apply. 248 |
|---|
| 370 | + | (c) Except as otherwise provided, the following provisions 249 |
|---|
| 371 | + | apply to all proposed brownfield area designations: 250 |
|---|
| 384 | | - | rehabilitation on their respective portions is not in the public 251 |
|---|
| 385 | | - | interest, as such delay disincentivizes rehabilitation and 252 |
|---|
| 386 | | - | redevelopment of the potentia l brownfield site by imposing 253 |
|---|
| 387 | | - | unnecessary legal burdens, technical obstacles, and financial 254 |
|---|
| 388 | | - | costs. 255 |
|---|
| 389 | | - | (b) Therefore, the Legislature finds that it is in the 256 |
|---|
| 390 | | - | public interest to remove any such barriers to the 257 |
|---|
| 391 | | - | rehabilitation and redevelopment of property by p roviding a 258 |
|---|
| 392 | | - | clear path to obtaining a "No Further Action" status in cases 259 |
|---|
| 393 | | - | where a potential brownfield site is only a portion of a larger 260 |
|---|
| 394 | | - | contaminated site. 261 |
|---|
| 395 | | - | (c) If the person responsible for a brownfield site 262 |
|---|
| 396 | | - | rehabilitation demonstrates compliance with th e applicable 263 |
|---|
| 397 | | - | contamination cleanup criteria described in subsection (1), and 264 |
|---|
| 398 | | - | the brownfield site is only a portion of a larger contaminated 265 |
|---|
| 399 | | - | site, the department or any delegated local pollution control 266 |
|---|
| 400 | | - | program under s. 376.80(9) may not: 267 |
|---|
| 401 | | - | 1. Deny a "No Further Action" status for the brownfield 268 |
|---|
| 402 | | - | site; or 269 |
|---|
| 403 | | - | 2. Refuse to issue a site rehabilitation completion order 270 |
|---|
| 404 | | - | for the brownfield site, regardless of whether it has 271 |
|---|
| 405 | | - | engineering and institutional controls. This subparagraph 272 |
|---|
| 406 | | - | applies even where similar contamin ation exists elsewhere on the 273 |
|---|
| 407 | | - | contaminated site which was the result of similar or related 274 |
|---|
| 408 | | - | activities or operations that occurred both on the contaminated 275 |
|---|
| 384 | + | 1. Notification to department following adoption. —A local 251 |
|---|
| 385 | + | government with jurisdiction over the brownfield area must 252 |
|---|
| 386 | + | notify the department, and, if applicable, the local pollution 253 |
|---|
| 387 | + | control program under s. 403.182, of it s decision to designate a 254 |
|---|
| 388 | + | brownfield area for rehabilitation for the purposes of ss. 255 |
|---|
| 389 | + | 376.77-376.86. The notification must include a resolution 256 |
|---|
| 390 | + | adopted by the local government body. The local government shall 257 |
|---|
| 391 | + | notify the department, and, if applicable, the l ocal pollution 258 |
|---|
| 392 | + | control program under s. 403.182, of the designation within 30 259 |
|---|
| 393 | + | days after adoption of the resolution. 260 |
|---|
| 394 | + | 2. Resolution adoption. —The brownfield area designation 261 |
|---|
| 395 | + | must be carried out by a resolution adopted by the 262 |
|---|
| 396 | + | jurisdictional local governmen t, which includes a map adequate 263 |
|---|
| 397 | + | to clearly delineate exactly which parcels are to be included in 264 |
|---|
| 398 | + | the brownfield area or alternatively a less -detailed map 265 |
|---|
| 399 | + | accompanied by a detailed legal description of the brownfield 266 |
|---|
| 400 | + | area. For municipalities, the governing body shall adopt the 267 |
|---|
| 401 | + | resolution in accordance with the procedures outlined in s. 268 |
|---|
| 402 | + | 166.041, except that the notices procedures for the public 269 |
|---|
| 403 | + | hearings on the proposed resolution must be in the form 270 |
|---|
| 404 | + | established in s. 166.041(3)(c)2. For counties, the governi ng 271 |
|---|
| 405 | + | body shall adopt the resolution in accordance with the 272 |
|---|
| 406 | + | procedures outlined in s. 125.66, except that the notices 273 |
|---|
| 407 | + | procedures for the public hearings on the proposed resolution 274 |
|---|
| 408 | + | must be in the form established in s. 125.66(5)(b). 275 |
|---|
| 421 | | - | site and the brownfield site, provided that all soil and 276 |
|---|
| 422 | | - | groundwater contamination emanating from the brownfield site is 277 |
|---|
| 423 | | - | adequately addressed pursuant to chapter 62 -780, Florida 278 |
|---|
| 424 | | - | Administrative Code. 279 |
|---|
| 425 | | - | (d) This subsection applies to all brownfield sites, 280 |
|---|
| 426 | | - | irrespective of the effective date of the brownfield site 281 |
|---|
| 427 | | - | rehabilitation agreement. 282 |
|---|
| 428 | | - | (4)(3) The cleanup criteria described in this section 283 |
|---|
| 429 | | - | govern only site rehabilitation activities occurring at the 284 |
|---|
| 430 | | - | brownfield contaminated site. Removal of contaminated media from 285 |
|---|
| 431 | | - | a site for offsite relocation or treatment must be in accordance 286 |
|---|
| 432 | | - | with all applicable federal, state, and local laws and 287 |
|---|
| 433 | | - | regulations. 288 |
|---|
| 434 | | - | Section 6. Paragraphs (a) and (b) of subsection (1) and 289 |
|---|
| 435 | | - | paragraphs (e) and (g) of subsection (2) of section 376.82, 290 |
|---|
| 436 | | - | Florida Statutes, are amended to read: 291 |
|---|
| 437 | | - | 376.82 Eligibility criteria and liability protection. — 292 |
|---|
| 438 | | - | (1) ELIGIBILITY.— 293 |
|---|
| 439 | | - | (a) All of the following persons are eligible to 294 |
|---|
| 440 | | - | participate in the brownfield program established in ss. 376.77 -295 |
|---|
| 441 | | - | 376.85: 296 |
|---|
| 442 | | - | 1. Notwithstanding subparagraph 2., a any person who has 297 |
|---|
| 443 | | - | not caused or contributed to the contamination of a bro wnfield 298 |
|---|
| 444 | | - | site on or after July 1, 1997 . 299 |
|---|
| 445 | | - | 2. A local governmental entity, including any other person 300 |
|---|
| 421 | + | 3. Right to be removed f rom proposed brownfield area. —If a 276 |
|---|
| 422 | + | property owner within the area proposed for designation by the 277 |
|---|
| 423 | + | local government requests in writing to have his or her property 278 |
|---|
| 424 | + | removed from the proposed designation, the local government must 279 |
|---|
| 425 | + | grant the request. 280 |
|---|
| 426 | + | 4. Notice and public hearing requirements for designation 281 |
|---|
| 427 | + | of a proposed brownfield area outside a redevelopment area or by 282 |
|---|
| 428 | + | a nongovernmental entity. Compliance with the following 283 |
|---|
| 429 | + | provisions is required before designation of a proposed 284 |
|---|
| 430 | + | brownfield area under paragr aph (2)(a) or paragraph (2)(c): 285 |
|---|
| 431 | + | a. At least one of the required public hearings must be 286 |
|---|
| 432 | + | conducted as closely as is reasonably practicable to the area to 287 |
|---|
| 433 | + | be designated to provide an opportunity for public input on the 288 |
|---|
| 434 | + | size of the area, the objectives for rehabilitation, job 289 |
|---|
| 435 | + | opportunities and economic developments anticipated, 290 |
|---|
| 436 | + | neighborhood residents' considerations, and other relevant local 291 |
|---|
| 437 | + | concerns. 292 |
|---|
| 438 | + | b. Notice of a public hearing must be made in a newspaper 293 |
|---|
| 439 | + | of general circulation in the area, must be made in ethnic 294 |
|---|
| 440 | + | newspapers or local community bulletins, must be posted in the 295 |
|---|
| 441 | + | affected area, and must be announced at a scheduled meeting of 296 |
|---|
| 442 | + | the local governing body before the actual public hearing. 297 |
|---|
| 443 | + | (2)(a) Local government-proposed brownfield area 298 |
|---|
| 444 | + | designation outside specified redevelopment areas. —If a local 299 |
|---|
| 445 | + | government proposes to designate a brownfield area that is 300 |
|---|
| 458 | | - | who may be organized or united with the local governmental 301 |
|---|
| 459 | | - | entity for a business purpose, if such entity or person did not 302 |
|---|
| 460 | | - | cause or contribute to the contamination of a brownfield site on 303 |
|---|
| 461 | | - | or after July 1, 2025. 304 |
|---|
| 462 | | - | (b) A person eligible to participate in the brownfield 305 |
|---|
| 463 | | - | program pursuant to paragraph (a) is , is eligible to participate 306 |
|---|
| 464 | | - | in the brownfield program established in ss. 376.77 -376.85, 307 |
|---|
| 465 | | - | subject to the following: 308 |
|---|
| 466 | | - | 1.(a) Potential brownfield sites that are subject to an 309 |
|---|
| 467 | | - | ongoing formal judicial or administrative enforcement action or 310 |
|---|
| 468 | | - | corrective action pursuant to federal authority, including, but 311 |
|---|
| 469 | | - | not limited to, the Comprehensive Environmental Response 312 |
|---|
| 470 | | - | Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as 313 |
|---|
| 471 | | - | amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f -300i, 314 |
|---|
| 472 | | - | as amended; the Clean Water Act, 33 U.S.C. ss. 1251 -1387, as 315 |
|---|
| 473 | | - | amended; or under an order from the United States Environmental 316 |
|---|
| 474 | | - | Protection Agency pursuant to s. 3008(h) of the Resource 317 |
|---|
| 475 | | - | Conservation and Recovery Act, as amended (42 U.S.C.A. s. 318 |
|---|
| 476 | | - | 6928(h)); or that have obtained or are required to obtain a 319 |
|---|
| 477 | | - | permit for the operation of a hazardous waste treatment, 320 |
|---|
| 478 | | - | storage, or disposal facility ; a postclosure permit; or a permit 321 |
|---|
| 479 | | - | pursuant to the federal Hazardous and Solid Waste Amendments of 322 |
|---|
| 480 | | - | 1984, are not eligible for participation in the brownfield 323 |
|---|
| 481 | | - | program established in ss. 376.77 -376.85 unless, pursuant to 324 |
|---|
| 482 | | - | paragraph (2)(g), specific exemptions are secured by a 325 |
|---|
| 458 | + | outside a community redevelopment area, enterprise zone, 301 |
|---|
| 459 | + | empowerment zone, closed military base, or designated brownfield 302 |
|---|
| 460 | + | pilot project area, th e local government shall provide notice, 303 |
|---|
| 461 | + | adopt the resolution, and conduct public hearings pursuant to 304 |
|---|
| 462 | + | paragraph (1)(c). At a public hearing to designate the proposed 305 |
|---|
| 463 | + | area as a brownfield area as defined in s. 376.79 , the local 306 |
|---|
| 464 | + | government must consider: 307 |
|---|
| 465 | + | 1. Whether the brownfield area warrants economic 308 |
|---|
| 466 | + | development and has a reasonable potential for such activities; 309 |
|---|
| 467 | + | 2. Whether the proposed area to be designated represents a 310 |
|---|
| 468 | + | reasonably focused approach and is not overly large in 311 |
|---|
| 469 | + | geographic coverage; 312 |
|---|
| 470 | + | 3. Whether the area has potential to interest the private 313 |
|---|
| 471 | + | sector in participating in rehabilitation; and 314 |
|---|
| 472 | + | 4. Whether the area contains sites or parts of sites 315 |
|---|
| 473 | + | suitable for limited recreational open space, cultural, or 316 |
|---|
| 474 | + | historical preservation purposes. 317 |
|---|
| 475 | + | (b) Local government-proposed brownfield area designation 318 |
|---|
| 476 | + | within specified redevelopment areas. —Paragraph (a) does not 319 |
|---|
| 477 | + | apply to a proposed brownfield area if the local government 320 |
|---|
| 478 | + | proposes to designate the brownfield area inside a community 321 |
|---|
| 479 | + | redevelopment area, enterprise zone, empowerment zone, closed 322 |
|---|
| 480 | + | military base, or designated brownfield pilot project area and 323 |
|---|
| 481 | + | the local government complies with paragraph (1)(c). 324 |
|---|
| 482 | + | (c) Brownfield area designation proposed by specified 325 |
|---|
| 495 | | - | memorandum of agreement with the United States Environmental 326 |
|---|
| 496 | | - | Protection Agency issues a letter stating it has no objection to 327 |
|---|
| 497 | | - | such participation and the department issues a letter of 328 |
|---|
| 498 | | - | concurrence pursuant to paragraph (2)(g) . A brownfield site 329 |
|---|
| 499 | | - | within an eligible brownfield area that subsequently becomes 330 |
|---|
| 500 | | - | subject to formal judicial or administrative enforcement action 331 |
|---|
| 501 | | - | or corrective action under such federal authority shall have its 332 |
|---|
| 502 | | - | eligibility revoked unless , specific exemptions are secured by a 333 |
|---|
| 503 | | - | memorandum of agreement with the United States Environmental 334 |
|---|
| 504 | | - | Protection Agency pursuant to paragraph (2)(g) , the United 335 |
|---|
| 505 | | - | States Environmental Protection Agency issues a letter stating 336 |
|---|
| 506 | | - | it has no objection to such participation and the department 337 |
|---|
| 507 | | - | issues a letter of concurrence . 338 |
|---|
| 508 | | - | 2.(b) A person who is eligible to participate in the 339 |
|---|
| 509 | | - | brownfield program pursuant to paragraph (a) Persons who have 340 |
|---|
| 510 | | - | not caused or contributed to the contamination of a brownfield 341 |
|---|
| 511 | | - | site on or after July 1, 1997, and who, before prior to the 342 |
|---|
| 512 | | - | department's approval of a brownfield site rehabilitation 343 |
|---|
| 513 | | - | agreement, is are subject to ongoing corrective action or 344 |
|---|
| 514 | | - | enforcement under state authority established in this chapter or 345 |
|---|
| 515 | | - | chapter 403, including those persons subject to a pending 346 |
|---|
| 516 | | - | consent order with the state, is are eligible for participation 347 |
|---|
| 517 | | - | in a brownfield site rehabilitation agreement if: 348 |
|---|
| 518 | | - | a.1. The proposed brownfield site is currently idle or 349 |
|---|
| 519 | | - | underutilized as a result of the contamination, and 350 |
|---|
| 495 | + | persons other than a governmental entity .—For designation of a 326 |
|---|
| 496 | + | brownfield area that is proposed by a person under this 327 |
|---|
| 497 | + | subsection other than the local government , the local government 328 |
|---|
| 498 | + | with jurisdiction over the proposed brownfield area shall 329 |
|---|
| 499 | + | provide notice and adopt a resolution to designate the 330 |
|---|
| 500 | + | brownfield area pursuant to paragraph (1)(c) if, at the public 331 |
|---|
| 501 | + | hearing to adopt the resolution, the person establishes all of 332 |
|---|
| 502 | + | the following with respect to the proposed brownfield area : 333 |
|---|
| 503 | + | 1. A person who owns or controls a potential brownfield 334 |
|---|
| 504 | + | site is requesting the designation and has agreed to 335 |
|---|
| 505 | + | rehabilitate and redevelop the brownfield site. 336 |
|---|
| 506 | + | 2. The rehabilitation and redevelopment of the proposed 337 |
|---|
| 507 | + | brownfield site will result in economic productivity of the 338 |
|---|
| 508 | + | area, along with the creation of at least 5 new pe rmanent jobs 339 |
|---|
| 509 | + | at the brownfield site that are full -time equivalent positions 340 |
|---|
| 510 | + | not associated with the implementation of the brownfield site 341 |
|---|
| 511 | + | rehabilitation agreement and that are not associated with 342 |
|---|
| 512 | + | redevelopment project demolition or construction activities 343 |
|---|
| 513 | + | pursuant to the redevelopment of the proposed brownfield site or 344 |
|---|
| 514 | + | area. However, the job creation requirement does not apply to 345 |
|---|
| 515 | + | the rehabilitation and redevelopment of a brownfield site that 346 |
|---|
| 516 | + | will provide affordable housing as defined in s. 420.0004 or the 347 |
|---|
| 517 | + | creation of recreational areas, conservation areas, or parks. 348 |
|---|
| 518 | + | 3. The redevelopment of the proposed brownfield site is 349 |
|---|
| 519 | + | consistent with the local comprehensive plan and is a 350 |
|---|
| 532 | | - | participation in the brownfield progr am will immediately, after 351 |
|---|
| 533 | | - | cleanup or sooner, result in increased economic productivity at 352 |
|---|
| 534 | | - | the site, including at a minimum the creation of 10 new 353 |
|---|
| 535 | | - | permanent jobs, whether full -time or part-time, which are not 354 |
|---|
| 536 | | - | associated with implementation of the brownfiel d site 355 |
|---|
| 537 | | - | rehabilitation agreement . However, the job creation requirement 356 |
|---|
| 538 | | - | does not apply to the rehabilitation and redevelopment of a 357 |
|---|
| 539 | | - | brownfield site that will provide housing that is affordable as 358 |
|---|
| 540 | | - | defined in s. 420.0004; create recreational areas, conservati on 359 |
|---|
| 541 | | - | areas, or parks; or be maintained for cultural or historical 360 |
|---|
| 542 | | - | preservation purposes ; and 361 |
|---|
| 543 | | - | b.2. The person is complying in good faith with the terms 362 |
|---|
| 544 | | - | of an existing consent order or department -approved corrective 363 |
|---|
| 545 | | - | action plan, or responding in good faith t o an enforcement 364 |
|---|
| 546 | | - | action, as evidenced by a determination issued by the department 365 |
|---|
| 547 | | - | or an approved local pollution control program. 366 |
|---|
| 548 | | - | (2) LIABILITY PROTECTION. — 367 |
|---|
| 549 | | - | (e) Completion of the performance of the remediation 368 |
|---|
| 550 | | - | obligations at the brownfield site shall b e evidenced by a site 369 |
|---|
| 551 | | - | rehabilitation completion order letter or a "no further action" 370 |
|---|
| 552 | | - | letter issued by the department or the approved local pollution 371 |
|---|
| 553 | | - | control program, which letter shall include the following 372 |
|---|
| 554 | | - | statement: "Based upon the information provided by (property 373 |
|---|
| 555 | | - | owner) concerning property located at (address), it is the 374 |
|---|
| 556 | | - | opinion of (the Florida Department of Environmental Protection 375 |
|---|
| 532 | + | permittable use under the applicable local land development 351 |
|---|
| 533 | + | regulations. 352 |
|---|
| 534 | + | 4. Notice of the proposed rehabilitation of the brownfield 353 |
|---|
| 535 | + | area has been provided to neighbors and nearby residents of the 354 |
|---|
| 536 | + | proposed area to be designated pursuant to paragraph (1)(c), and 355 |
|---|
| 537 | + | the person proposing the area for designation has afforded to 356 |
|---|
| 538 | + | those receiving notice the opportunity for comments and 357 |
|---|
| 539 | + | suggestions about rehabilitation. Notice pursuant to this 358 |
|---|
| 540 | + | subparagraph must be posted in the affected area. 359 |
|---|
| 541 | + | 5. The person proposing the area for designation has 360 |
|---|
| 542 | + | provided reasonable assurance that he or she has su fficient 361 |
|---|
| 543 | + | financial resources to implement and complete the rehabilitation 362 |
|---|
| 544 | + | agreement and redevelopment of the brownfield site. 363 |
|---|
| 545 | + | (d) Negotiation of brownfield site rehabilitation 364 |
|---|
| 546 | + | agreement.—The designation of a brownfield area and the 365 |
|---|
| 547 | + | identification of a pe rson responsible for brownfield site 366 |
|---|
| 548 | + | rehabilitation simply entitles a the identified person to 367 |
|---|
| 549 | + | negotiate a brownfield site rehabilitation agreement with the 368 |
|---|
| 550 | + | department or approved local pollution control program. 369 |
|---|
| 551 | + | Section 6. Present subsection (3) of section 376.81, 370 |
|---|
| 552 | + | Florida Statutes, is redesignated as subsection (4), a new 371 |
|---|
| 553 | + | subsection (3) is added to that section, and present subsection 372 |
|---|
| 554 | + | (3) of that section is amended, to read: 373 |
|---|
| 555 | + | 376.81 Brownfield site and brownfield areas contamination 374 |
|---|
| 556 | + | cleanup criteria.— 375 |
|---|
| 569 | | - | or approved local pollution control program) that (party) has 376 |
|---|
| 570 | | - | successfully and satisfactorily implemented the approved 377 |
|---|
| 571 | | - | brownfield site rehabilitation agreement schedule and, 378 |
|---|
| 572 | | - | accordingly, no further action is required to assure that any 379 |
|---|
| 573 | | - | land use identified in the brownfield site rehabilitation 380 |
|---|
| 574 | | - | agreement is consistent with existing and proposed uses." 381 |
|---|
| 575 | | - | (g)1. The Legislature recognizes the benefits of promoting 382 |
|---|
| 576 | | - | the reuse of brownfield sites, even when subject to its 383 |
|---|
| 577 | | - | limitations in addressing cleanup liability under federal 384 |
|---|
| 578 | | - | pollution control programs , including those enumerated in 385 |
|---|
| 579 | | - | subparagraph (1)(b)1 . In an effort to encourage such reuse 386 |
|---|
| 580 | | - | secure federal liability protection for persons willing to 387 |
|---|
| 581 | | - | undertake remediation responsibility for site rehabilitation at 388 |
|---|
| 582 | | - | a brownfield site, the department may, upon receipt of a letter 389 |
|---|
| 583 | | - | from shall attempt to negotiate a memorandum of agreement or 390 |
|---|
| 584 | | - | similar document with the United States Environmental Protection 391 |
|---|
| 585 | | - | Agency stating it has no objection to a site's participation 392 |
|---|
| 586 | | - | pursuant to subparagraph (1)(b)1. and upon a reasonable 393 |
|---|
| 587 | | - | demonstration by the person seeking to participate in the 394 |
|---|
| 588 | | - | brownfield program that he or she will conduct site 395 |
|---|
| 589 | | - | rehabilitation pursuant to s. 376.81, issue a letter of no 396 |
|---|
| 590 | | - | objection that states the person may participate in the 397 |
|---|
| 591 | | - | brownfield program. The department may not require, as a 398 |
|---|
| 592 | | - | condition of such letter of concurrence, that , whereby the 399 |
|---|
| 593 | | - | United States Environmental Protection Agency agree agrees to 400 |
|---|
| 569 | + | (3)(a) The Legislature finds that rehabilitation and 376 |
|---|
| 570 | + | redevelopment of a potential brownfield site that is a portion 377 |
|---|
| 571 | + | of a larger historical contaminated site is significantly 378 |
|---|
| 572 | + | complicated when multiple parties may own, lease, or operate 379 |
|---|
| 573 | + | different portions of the historical contaminated site. The 380 |
|---|
| 574 | + | Legislature further finds that delaying a person's ability to 381 |
|---|
| 575 | + | achieve a "No Further Action" status for a potential brownfield 382 |
|---|
| 576 | + | site until such time as the owners, lessees, or operators of all 383 |
|---|
| 577 | + | other portions of the larger historical contaminated site have 384 |
|---|
| 578 | + | completed site rehabilitation on their respective portions is 385 |
|---|
| 579 | + | not in the public's interest, as such delay disincentivizes 386 |
|---|
| 580 | + | rehabilitation and redevelopment of the potential brownfield 387 |
|---|
| 581 | + | site by imposing unnecessary le gal burdens, technical obstacles, 388 |
|---|
| 582 | + | and financial costs. 389 |
|---|
| 583 | + | (b) Therefore, the Legislature finds that it is in the 390 |
|---|
| 584 | + | public interest to remove any such barriers to the 391 |
|---|
| 585 | + | rehabilitation and redevelopment of property by providing a 392 |
|---|
| 586 | + | clear path to obtaining a "No Fur ther Action" status in cases 393 |
|---|
| 587 | + | where a potential brownfield site is only a portion of a larger 394 |
|---|
| 588 | + | historical contaminated site. 395 |
|---|
| 589 | + | (c) If the person responsible for a brownfield site 396 |
|---|
| 590 | + | rehabilitation demonstrates the applicable contamination cleanup 397 |
|---|
| 591 | + | criteria described in subsection (1), and the brownfield site is 398 |
|---|
| 592 | + | only a portion of a larger contaminated site, the department or 399 |
|---|
| 593 | + | any delegated local pollution control program under s. 376.80(9) 400 |
|---|
| 606 | | - | forego enforcement of federal corrective action authority at 401 |
|---|
| 607 | | - | brownfield sites that have received a site rehabilitation 402 |
|---|
| 608 | | - | completion order or "No Further Action" determination from the 403 |
|---|
| 609 | | - | department or the approved local pollution control program or 404 |
|---|
| 610 | | - | that are in the process of implementing a brownfield site 405 |
|---|
| 611 | | - | rehabilitation agreement in accordance with this act. The letter 406 |
|---|
| 612 | | - | of no objection from the United States Environmental Protection 407 |
|---|
| 613 | | - | Agency and the letter of concurrence from the department must be 408 |
|---|
| 614 | | - | added as attachments to the brownfield site rehabilitation 409 |
|---|
| 615 | | - | agreement. 410 |
|---|
| 616 | | - | 2. Proposed brownfield sites that are subject to ongoing 411 |
|---|
| 617 | | - | formal judicial or administrative enforcement action or 412 |
|---|
| 618 | | - | corrective action pursuant to an order from the United States 413 |
|---|
| 619 | | - | Environmental Protection Agency pursuant to s. 3008(h) of the 414 |
|---|
| 620 | | - | Resource Conservation and Recovery Act, as amended by 42 U.S.C. 415 |
|---|
| 621 | | - | s. 6928(h), or that have obtained or are required to obtain a 416 |
|---|
| 622 | | - | permit for the operation of a hazardous waste treatment, 417 |
|---|
| 623 | | - | storage, or disposal facility, a postclosure permit, or a permit 418 |
|---|
| 624 | | - | pursuant to the federal Hazardous and Solid Waste Amendments of 419 |
|---|
| 625 | | - | 1984 are eligible for participation in the brownfield program 420 |
|---|
| 626 | | - | established in ss. 376.77 -376.85, provided that the sites: 421 |
|---|
| 627 | | - | a. Obtain the necessary letters of no objection and 422 |
|---|
| 628 | | - | concurrence pursuant to subparagraph (1)(b)1. and subparagraph 423 |
|---|
| 629 | | - | 1.; or 424 |
|---|
| 630 | | - | b. Comply with the provisions of Section V of the 425 |
|---|
| 606 | + | may not: 401 |
|---|
| 607 | + | 1. Deny a "No Further Action" status to the brownfield 402 |
|---|
| 608 | + | site; or 403 |
|---|
| 609 | + | 2. Refuse to issue a site rehabilitation completion order 404 |
|---|
| 610 | + | to the site, regardless of whether it has engineering and 405 |
|---|
| 611 | + | institutional controls. This subparagraph applies even where 406 |
|---|
| 612 | + | similar contamination exists elsewhere on the contaminated site 407 |
|---|
| 613 | + | which was the result of similar or related activities or 408 |
|---|
| 614 | + | operations that occurred both on the contaminated site and the 409 |
|---|
| 615 | + | brownfield site, provided that all soil and groundwater 410 |
|---|
| 616 | + | contamination emanating from the brownfield site is adequately 411 |
|---|
| 617 | + | addressed pursuant to rule 62 -780 of the Florida Administrative 412 |
|---|
| 618 | + | Code. 413 |
|---|
| 619 | + | (d) This subsection applies to all brownfield sites, 414 |
|---|
| 620 | + | irrespective of the effective date of the brownfield site 415 |
|---|
| 621 | + | rehabilitation agreement. 416 |
|---|
| 622 | + | (4)(3) The cleanup criteria described in this section 417 |
|---|
| 623 | + | govern only site rehab ilitation activities occurring at the 418 |
|---|
| 624 | + | brownfield contaminated site. Removal of contaminated media from 419 |
|---|
| 625 | + | a site for offsite relocation or treatment must be in accordance 420 |
|---|
| 626 | + | with all applicable federal, state, and local laws and 421 |
|---|
| 627 | + | regulations. 422 |
|---|
| 628 | + | Section 7. Paragraphs (a) and (b) of subsection (1) and 423 |
|---|
| 629 | + | paragraphs (e) and (g) of subsection (2) of section 376.82, 424 |
|---|
| 630 | + | Florida Statutes, are amended to read: 425 |
|---|
| 643 | | - | Memorandum of Agreement between the department and the United 426 |
|---|
| 644 | | - | States Environmental Protection Agency Region 4 covering 427 |
|---|
| 645 | | - | Florida's Brownfield Program, dated November 28, 2005, as may be 428 |
|---|
| 646 | | - | amended. 429 |
|---|
| 647 | | - | Section 7. Subsection (3) of section 196.1995, Florida 430 |
|---|
| 648 | | - | Statutes, is amended to read: 431 |
|---|
| 649 | | - | 196.1995 Economic development ad valorem tax exemption. — 432 |
|---|
| 650 | | - | (3) The board of county commissioners or the governing 433 |
|---|
| 651 | | - | authority of the municipality that calls a referendum within its 434 |
|---|
| 652 | | - | total jurisdiction to determine whether its respective 435 |
|---|
| 653 | | - | jurisdiction may grant economic developm ent ad valorem tax 436 |
|---|
| 654 | | - | exemptions may vote to limit the effect of the referendum to 437 |
|---|
| 655 | | - | authority to grant economic development tax exemptions for new 438 |
|---|
| 656 | | - | businesses and expansions of existing businesses located in an 439 |
|---|
| 657 | | - | enterprise zone or a brownfield area, as defined i n s. 376.79 s. 440 |
|---|
| 658 | | - | 376.79(5). If an area nominated to be an enterprise zone 441 |
|---|
| 659 | | - | pursuant to s. 290.0055 has not yet been designated pursuant to 442 |
|---|
| 660 | | - | s. 290.0065, the board of county commissioners or the governing 443 |
|---|
| 661 | | - | authority of the municipality may call such referendum p rior to 444 |
|---|
| 662 | | - | such designation; however, the authority to grant economic 445 |
|---|
| 663 | | - | development ad valorem tax exemptions does not apply until such 446 |
|---|
| 664 | | - | area is designated pursuant to s. 290.0065. The ballot question 447 |
|---|
| 665 | | - | in such referendum shall be in substantially the following fo rm 448 |
|---|
| 666 | | - | and shall be used in lieu of the ballot question prescribed in 449 |
|---|
| 667 | | - | subsection (2): 450 |
|---|
| 643 | + | 376.82 Eligibility criteria and liability protection. — 426 |
|---|
| 644 | + | (1) ELIGIBILITY.— 427 |
|---|
| 645 | + | (a) All of the following persons are e ligible to 428 |
|---|
| 646 | + | participate in the brownfield program established in ss. 376.77 -429 |
|---|
| 647 | + | 376.85: 430 |
|---|
| 648 | + | 1. Notwithstanding subparagraph (1)(a)2., a Any person who 431 |
|---|
| 649 | + | has not caused or contributed to the contamination of a 432 |
|---|
| 650 | + | brownfield site on or after July 1, 1997 . 433 |
|---|
| 651 | + | 2. A local governmental entity, including any other person 434 |
|---|
| 652 | + | who is organized with the local governmental entity for a 435 |
|---|
| 653 | + | business purpose, if such entity or person did not cause or 436 |
|---|
| 654 | + | contribute to the contamination of a brownfield site on or after 437 |
|---|
| 655 | + | July 1, 2025. 438 |
|---|
| 656 | + | (b) A person eligible to participate in the brownfield 439 |
|---|
| 657 | + | program pursuant to paragraph (a) is , is eligible to participate 440 |
|---|
| 658 | + | in the brownfield program established in ss. 376.77 -376.85, 441 |
|---|
| 659 | + | subject to the following: 442 |
|---|
| 660 | + | 1.(a) Potential brownfield sites that are subject to an 443 |
|---|
| 661 | + | ongoing formal judicial or administrative enforcement action or 444 |
|---|
| 662 | + | corrective action pursuant to federal authority, including, but 445 |
|---|
| 663 | + | not limited to, the Comprehensive Environmental Response 446 |
|---|
| 664 | + | Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as 447 |
|---|
| 665 | + | amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f -300i, 448 |
|---|
| 666 | + | as amended; the Clean Water Act, 33 U.S.C. ss. 1251 -1387, as 449 |
|---|
| 667 | + | amended; or under an order from the United States Environmental 450 |
|---|
| 680 | | - | 451 |
|---|
| 681 | | - | Shall the board of county commissioners of this county 452 |
|---|
| 682 | | - | (or the governing authority of this municipality, or 453 |
|---|
| 683 | | - | both) be authorized to grant, pursuant to s. 3, Art. 454 |
|---|
| 684 | | - | VII of the State Constitution, property tax exemptions 455 |
|---|
| 685 | | - | for new businesses and expansions of existing 456 |
|---|
| 686 | | - | businesses that are located in an enterprise zone or a 457 |
|---|
| 687 | | - | brownfield area and that are expected to create new, 458 |
|---|
| 688 | | - | full-time jobs in the county (or municipality, or 459 |
|---|
| 689 | | - | both)? 460 |
|---|
| 690 | | - | 461 |
|---|
| 691 | | - | ....Yes—For authority to grant exemptions. 462 |
|---|
| 692 | | - | ....No—Against authority to grant exemptions. 463 |
|---|
| 693 | | - | Section 8. Paragraph (c) of subsection (5) of section 464 |
|---|
| 694 | | - | 288.1175, Florida Statutes, is amended to read: 465 |
|---|
| 695 | | - | 288.1175 Agriculture education and promotion facility. — 466 |
|---|
| 696 | | - | (5) The Department of Agriculture and Consumer Services 467 |
|---|
| 697 | | - | shall competitively evaluate applications for funding of an 468 |
|---|
| 698 | | - | agriculture education and promotion facility. If the number of 469 |
|---|
| 699 | | - | applicants exceeds three, the Department of Agriculture and 470 |
|---|
| 700 | | - | Consumer Services shall rank the applications based upon 471 |
|---|
| 701 | | - | criteria developed by the Department of Agriculture and Consumer 472 |
|---|
| 702 | | - | Services, with priority given in descending order to the 473 |
|---|
| 703 | | - | following items: 474 |
|---|
| 704 | | - | (c) The location of the facility in a brownfield site as 475 |
|---|
| 680 | + | Protection Agency pursuant to s. 3008(h) of the Resource 451 |
|---|
| 681 | + | Conservation and Reco very Act, as amended (42 U.S.C.A. s. 452 |
|---|
| 682 | + | 6928(h)); or that have obtained or are required to obtain a 453 |
|---|
| 683 | + | permit for the operation of a hazardous waste treatment, 454 |
|---|
| 684 | + | storage, or disposal facility; a postclosure permit; or a permit 455 |
|---|
| 685 | + | pursuant to the federal Hazardous and Solid Waste Amendments of 456 |
|---|
| 686 | + | 1984, are not eligible for participation in the brownfield 457 |
|---|
| 687 | + | program established in ss. 376.77 -376.385 unless, pursuant to 458 |
|---|
| 688 | + | paragraph (2)(g), specific exemptions are secured by a 459 |
|---|
| 689 | + | memorandum of agreement with the United States Enviro nmental 460 |
|---|
| 690 | + | Protection Agency issues a letter stating it has no objection to 461 |
|---|
| 691 | + | such participation and the department issues a letter of no 462 |
|---|
| 692 | + | objection pursuant to paragraph (2)(g) . A brownfield site within 463 |
|---|
| 693 | + | an eligible brownfield area that subsequently becomes subj ect to 464 |
|---|
| 694 | + | formal judicial or administrative enforcement action or 465 |
|---|
| 695 | + | corrective action under such federal authority shall have its 466 |
|---|
| 696 | + | eligibility revoked unless , specific exemptions are secured by a 467 |
|---|
| 697 | + | memorandum of agreement with the United States Environmental 468 |
|---|
| 698 | + | Protection Agency pursuant to paragraph (2)(g) , the United 469 |
|---|
| 699 | + | States Environmental Protection Agency issues a letter stating 470 |
|---|
| 700 | + | it has no objection to such participation and the department 471 |
|---|
| 701 | + | issues a letter of no objection . 472 |
|---|
| 702 | + | 2.(b) A person who is eligible to participa te in the 473 |
|---|
| 703 | + | brownfield program pursuant to paragraph (a) Persons who have 474 |
|---|
| 704 | + | not caused or contributed to the contamination of a brownfield 475 |
|---|
| 717 | | - | defined in s. 376.79 s. 376.79(4), a rural enterprise zone as 476 |
|---|
| 718 | | - | defined in s. 290.004, an agriculturally depressed area as 477 |
|---|
| 719 | | - | defined in s. 570.74, or a county that has lost its agricultural 478 |
|---|
| 720 | | - | land to environmental restoration projects. 479 |
|---|
| 721 | | - | Section 9. For the purpose of incorporating the amendment 480 |
|---|
| 722 | | - | made by this act to section 376.79, Florida Statutes, in a 481 |
|---|
| 723 | | - | reference thereto, subsection (1) of section 1004.53, Florida 482 |
|---|
| 724 | | - | Statutes, is reenacted to read: 483 |
|---|
| 725 | | - | 1004.53 Interdisciplinary Center for Brownfield 484 |
|---|
| 726 | | - | Rehabilitation Assistance .—The Center for Brownfield 485 |
|---|
| 727 | | - | Rehabilitation Assistance in the Environmental Sciences and 486 |
|---|
| 728 | | - | Policy Program is established in the College of Arts and 487 |
|---|
| 729 | | - | Sciences at the University of South Florida with the 488 |
|---|
| 730 | | - | collaboration of other related disciplines such as busines s 489 |
|---|
| 731 | | - | administration, environmental science, and medicine. The center 490 |
|---|
| 732 | | - | shall work in conjunction with other state universities. The 491 |
|---|
| 733 | | - | Center for Brownfield Rehabilitation Assistance shall: 492 |
|---|
| 734 | | - | (1) Conduct research relating to problems and solutions 493 |
|---|
| 735 | | - | associated with rehabilitation and restoration of brownfield 494 |
|---|
| 736 | | - | areas as defined in s. 376.79. The research must include 495 |
|---|
| 737 | | - | identifying innovative solutions to removing contamination from 496 |
|---|
| 738 | | - | brownfield sites to reduce the threats to drinking water 497 |
|---|
| 739 | | - | supplies and other potential publ ic health threats from 498 |
|---|
| 740 | | - | contaminated sites. 499 |
|---|
| 741 | | - | Section 10. This act shall take effect July 1, 2025. 500 |
|---|
| 717 | + | site on or after July 1, 1997, and who, before prior to the 476 |
|---|
| 718 | + | department's approval of a brownfield site rehabilitation 477 |
|---|
| 719 | + | agreement, is are subject to ongoing corrective action or 478 |
|---|
| 720 | + | enforcement under state authority established in this chapter or 479 |
|---|
| 721 | + | chapter 403, including those persons subject to a pending 480 |
|---|
| 722 | + | consent order with the state, is are eligible for participation 481 |
|---|
| 723 | + | in a brownfield site rehabilitation agreement if: 482 |
|---|
| 724 | + | a.1. The proposed brownfield site is currently idle or 483 |
|---|
| 725 | + | underutilized as a result of the contamination, and 484 |
|---|
| 726 | + | participation in the brownfield program will immediately, after 485 |
|---|
| 727 | + | cleanup or sooner, result in increased economic productivity at 486 |
|---|
| 728 | + | the site, including at a minimum the creation of 10 new 487 |
|---|
| 729 | + | permanent jobs, whether full -time or part-time, which are not 488 |
|---|
| 730 | + | associated with implementation of the brownfield site 489 |
|---|
| 731 | + | rehabilitation agreement . However, the job creation requirement 490 |
|---|
| 732 | + | does not apply to the rehabilitation and red evelopment of a 491 |
|---|
| 733 | + | brownfield site that will provide housing that is affordable as 492 |
|---|
| 734 | + | defined in s. 420.0004; create recreational areas, conservation 493 |
|---|
| 735 | + | areas, or parks; or be maintained for cultural or historical 494 |
|---|
| 736 | + | preservation purposes ; and 495 |
|---|
| 737 | + | b.2. The person is complying in good faith with the terms 496 |
|---|
| 738 | + | of an existing consent order or department -approved corrective 497 |
|---|
| 739 | + | action plan, or responding in good faith to an enforcement 498 |
|---|
| 740 | + | action, as evidenced by a determination issued by the department 499 |
|---|
| 741 | + | or an approved local pollution control program. 500 |
|---|
| 742 | + | |
|---|
| 743 | + | HB 733 2025 |
|---|
| 744 | + | |
|---|
| 745 | + | |
|---|
| 746 | + | |
|---|
| 747 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 748 | + | hb733-00 |
|---|
| 749 | + | Page 21 of 26 |
|---|
| 750 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 751 | + | |
|---|
| 752 | + | |
|---|
| 753 | + | |
|---|
| 754 | + | (2) LIABILITY PROTECTION. — 501 |
|---|
| 755 | + | (e) Completion of the performance of the remediation 502 |
|---|
| 756 | + | obligations at the brownfield site shall be evidenced by a site 503 |
|---|
| 757 | + | rehabilitation completion order letter or a "no further action" 504 |
|---|
| 758 | + | letter issued by the department or the approved local pollution 505 |
|---|
| 759 | + | control program, which letter shall include the following 506 |
|---|
| 760 | + | statement: "Based upon the information provided by (property 507 |
|---|
| 761 | + | owner) concerning property located at (address), it is the 508 |
|---|
| 762 | + | opinion of (the Florida Department of Environmental Protection 509 |
|---|
| 763 | + | or approved local pollution control program) that (party) has 510 |
|---|
| 764 | + | successfully and satisfactorily implemented the approved 511 |
|---|
| 765 | + | brownfield site rehabilitation agreement schedule and, 512 |
|---|
| 766 | + | accordingly, no further action is required to assure that any 513 |
|---|
| 767 | + | land use identified in the brownfield site rehabilitation 514 |
|---|
| 768 | + | agreement is consistent with existing and proposed uses." 515 |
|---|
| 769 | + | (g)1. The Legislature recognizes the benefits of promoting 516 |
|---|
| 770 | + | the reuse of brownfield sites, even when subject to its 517 |
|---|
| 771 | + | limitations in addressing cleanup liability under federal 518 |
|---|
| 772 | + | pollution control programs , including those enumerated in 519 |
|---|
| 773 | + | subparagraph (1)(b)1 . In an effort to encourage such reuse 520 |
|---|
| 774 | + | secure federal liability protection for persons willing to 521 |
|---|
| 775 | + | undertake remediation responsibility for site rehabilitation at 522 |
|---|
| 776 | + | a brownfield site, the department may, upon receipt of a letter 523 |
|---|
| 777 | + | of no objection from shall attempt to negotiate a memorandum of 524 |
|---|
| 778 | + | agreement or similar document with the United States 525 |
|---|
| 779 | + | |
|---|
| 780 | + | HB 733 2025 |
|---|
| 781 | + | |
|---|
| 782 | + | |
|---|
| 783 | + | |
|---|
| 784 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 785 | + | hb733-00 |
|---|
| 786 | + | Page 22 of 26 |
|---|
| 787 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
|---|
| 788 | + | |
|---|
| 789 | + | |
|---|
| 790 | + | |
|---|
| 791 | + | Environmental Protection Agency stating it has no objection to a 526 |
|---|
| 792 | + | site's participation pursuant to subparagraph (1)(b)1. and upon 527 |
|---|
| 793 | + | a reasonable demonstration by the person seeking to participate 528 |
|---|
| 794 | + | in the brownfields program that he or she will conduct site 529 |
|---|
| 795 | + | rehabilitation pursuant to s. 376.81, is sue a letter of no 530 |
|---|
| 796 | + | objection that states the person may participate in the 531 |
|---|
| 797 | + | brownfield program. The department may not require, as a 532 |
|---|
| 798 | + | condition of such letter of no objection, that , whereby the 533 |
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| 799 | + | United States Environmental Protection Agency agree agrees to 534 |
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| 800 | + | forego enforcement of federal corrective action authority at 535 |
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| 801 | + | brownfield sites that have received a site rehabilitation 536 |
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| 802 | + | completion order or "No Further Action" determination from the 537 |
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| 803 | + | department or the approved local pollution control program or 538 |
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| 804 | + | that are in the process of implementing a brownfield site 539 |
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| 805 | + | rehabilitation agreement in accordance with this act. The 540 |
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| 806 | + | letters of no objection from the United States Environmental 541 |
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| 807 | + | Protection Agency and the department must be added as 542 |
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| 808 | + | attachments to the brownfield site reha bilitation agreement. 543 |
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| 809 | + | 2. Proposed brownfield sites that are subject to ongoing 544 |
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| 810 | + | formal judicial or administrative enforcement action or 545 |
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| 811 | + | corrective action pursuant to an order from the United States 546 |
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| 812 | + | Environmental Protection Agency pursuant to s. 3008(h) of the 547 |
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| 813 | + | Resource Conservation and Recovery Act, as amended by 42 548 |
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| 814 | + | U.S.C.A., s. 6928(h), or that have obtained or are required to 549 |
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| 815 | + | obtain a permit for the operation of a hazardous waste 550 |
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| 816 | + | |
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| 817 | + | HB 733 2025 |
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| 818 | + | |
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| 819 | + | |
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| 820 | + | |
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| 821 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 822 | + | hb733-00 |
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| 823 | + | Page 23 of 26 |
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| 824 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 825 | + | |
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| 826 | + | |
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| 827 | + | |
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| 828 | + | treatment, storage, or disposal facility, a post -closure permit, 551 |
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| 829 | + | or a permit pursuant to the federal Hazardous and Solid Waste 552 |
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| 830 | + | Amendments of 1984 are eligible for participation in the 553 |
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| 831 | + | brownfield program established in ss. 376.77 -376.85, provided 554 |
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| 832 | + | the sites: 555 |
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| 833 | + | a. Obtain the necessary letters of no objection pursuant 556 |
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| 834 | + | to s. 376.82(1)(b) and s. 376.82(2)(g)1; or 557 |
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| 835 | + | b. Comply with the provisions of section V of the 558 |
|---|
| 836 | + | Memorandum of Agreement between t he department and the United 559 |
|---|
| 837 | + | States Environmental Protection Agency Region 4 covering 560 |
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| 838 | + | Florida's Brownfield Program, dated November 28, 2025, as may be 561 |
|---|
| 839 | + | amended. 562 |
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| 840 | + | Section 8. Subsection (3) of section 196.1995, Florida 563 |
|---|
| 841 | + | Statutes, is amended to read: 564 |
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| 842 | + | 196.1995 Economic development ad valorem tax exemption. — 565 |
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| 843 | + | (3) The board of county commissioners or the governing 566 |
|---|
| 844 | + | authority of the municipality that calls a referendum within its 567 |
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| 845 | + | total jurisdiction to determine whether its respective 568 |
|---|
| 846 | + | jurisdiction may grant econ omic development ad valorem tax 569 |
|---|
| 847 | + | exemptions may vote to limit the effect of the referendum to 570 |
|---|
| 848 | + | authority to grant economic development tax exemptions for new 571 |
|---|
| 849 | + | businesses and expansions of existing businesses located in an 572 |
|---|
| 850 | + | enterprise zone or a brownfield area, as defined in s. 376.79 s. 573 |
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| 851 | + | 376.79(5). If an area nominated to be an enterprise zone 574 |
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| 852 | + | pursuant to s. 290.0055 has not yet been designated pursuant to 575 |
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| 853 | + | |
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| 854 | + | HB 733 2025 |
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| 855 | + | |
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| 856 | + | |
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| 857 | + | |
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| 858 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 859 | + | hb733-00 |
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| 860 | + | Page 24 of 26 |
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| 861 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 862 | + | |
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| 863 | + | |
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| 864 | + | |
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| 865 | + | s. 290.0065, the board of county commissioners or the governing 576 |
|---|
| 866 | + | authority of the municipality may call such referendum prior to 577 |
|---|
| 867 | + | such designation; however, the authority to grant economic 578 |
|---|
| 868 | + | development ad valorem tax exemptions does not apply until such 579 |
|---|
| 869 | + | area is designated pursuant to s. 290.0065. The ballot question 580 |
|---|
| 870 | + | in such referendum shall be in substantially the following form 581 |
|---|
| 871 | + | and shall be used in lieu of the ballot question prescribed in 582 |
|---|
| 872 | + | subsection (2): 583 |
|---|
| 873 | + | 584 |
|---|
| 874 | + | Shall the board of county commissioners of this county (or the 585 |
|---|
| 875 | + | governing authority of this municipality, or both) be authorized 586 |
|---|
| 876 | + | to grant, pursuant to s. 3, Art. VII of the State Constitution, 587 |
|---|
| 877 | + | property tax exemptions for new businesses and expansions of 588 |
|---|
| 878 | + | existing businesses that are located in an enterprise zone or a 589 |
|---|
| 879 | + | brownfield area and that are expected to create new, full -time 590 |
|---|
| 880 | + | jobs in the county (or municipality, or both)? 591 |
|---|
| 881 | + | 592 |
|---|
| 882 | + | ....Yes—For authority to grant exemptions. 593 |
|---|
| 883 | + | ....No—Against authority to grant exemptions. 594 |
|---|
| 884 | + | Section 9. Paragraph (c) of subsection (5) of section 595 |
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| 885 | + | 288.1175, Florida Statutes, is amended to read: 596 |
|---|
| 886 | + | 288.1175 Agriculture education and promotion facility.— 597 |
|---|
| 887 | + | (5) The Department of Agriculture and Consumer Services 598 |
|---|
| 888 | + | shall competitively evaluate applications for funding of an 599 |
|---|
| 889 | + | agriculture education and promotion facility. If the number of 600 |
|---|
| 890 | + | |
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| 891 | + | HB 733 2025 |
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| 892 | + | |
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| 893 | + | |
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| 894 | + | |
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| 895 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 896 | + | hb733-00 |
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| 898 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 899 | + | |
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| 900 | + | |
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| 901 | + | |
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| 902 | + | applicants exceeds three, the Department of Agriculture and 601 |
|---|
| 903 | + | Consumer Services shall rank the applications based upon 602 |
|---|
| 904 | + | criteria developed by the Department of Agriculture and Consumer 603 |
|---|
| 905 | + | Services, with priority given in descending order to the 604 |
|---|
| 906 | + | following items: 605 |
|---|
| 907 | + | (c) The location of the facility in a brownfield site as 606 |
|---|
| 908 | + | defined in s. 376.79 s. 376.79(4), a rural enterprise zone as 607 |
|---|
| 909 | + | defined in s. 290.004, an agriculturally depressed area as 608 |
|---|
| 910 | + | defined in s. 570.74, or a county that has lost its agricultural 609 |
|---|
| 911 | + | land to environmental restoration projects. 610 |
|---|
| 912 | + | Section 10. For the purpose of incorporating the amendment 611 |
|---|
| 913 | + | made by this act to section 376.79, Florida Statutes, in a 612 |
|---|
| 914 | + | reference thereto, subsection (1) of section 1004.53, Florida 613 |
|---|
| 915 | + | Statutes, is reenacted to read: 614 |
|---|
| 916 | + | 1004.53 Interdisciplinary Center for Brownfield 615 |
|---|
| 917 | + | Rehabilitation Assist ance.—The Center for Brownfield 616 |
|---|
| 918 | + | Rehabilitation Assistance in the Environmental Sciences and 617 |
|---|
| 919 | + | Policy Program is established in the College of Arts and 618 |
|---|
| 920 | + | Sciences at the University of South Florida with the 619 |
|---|
| 921 | + | collaboration of other related disciplines such as bus iness 620 |
|---|
| 922 | + | administration, environmental science, and medicine. The center 621 |
|---|
| 923 | + | shall work in conjunction with other state universities. The 622 |
|---|
| 924 | + | Center for Brownfield Rehabilitation Assistance shall: 623 |
|---|
| 925 | + | (1) Conduct research relating to problems and solutions 624 |
|---|
| 926 | + | associated with rehabilitation and restoration of brownfield 625 |
|---|
| 927 | + | |
|---|
| 928 | + | HB 733 2025 |
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| 929 | + | |
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| 930 | + | |
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| 931 | + | |
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| 932 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 933 | + | hb733-00 |
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| 934 | + | Page 26 of 26 |
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| 935 | + | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 936 | + | |
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| 937 | + | |
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| 938 | + | |
|---|
| 939 | + | areas as defined in s. 376.79. The research must include 626 |
|---|
| 940 | + | identifying innovative solutions to removing contamination from 627 |
|---|
| 941 | + | brownfield sites to reduce the threats to drinking water 628 |
|---|
| 942 | + | supplies and other potential public health threats from 629 |
|---|
| 943 | + | contaminated sites. 630 |
|---|
| 944 | + | Section 11. This act shall take effect July 1, 2025. 631 |
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